Carrying Firearms On Aircraft

A client recently asked me whether he could carry a firearm on an aircraft. As usual, my lawyerly answer was “it depends”. What does it depend upon? Well, for starters, what type of firearm? Will it be carried concealed or on person (e.g. using a concealed carry weapon “CCW” permit), or will it be in checked luggage? What type of aircraft? Is it a commercial flight or a private flight? Is flight interstate or intrastate? The answers to these questions dictate whether or how you can transport a firearm on an aircraft.

Probably best way to look at issue is to determine where you will be with firearm when you board aircraft: Within a sterile area of an airport or within a non-sterile area of an airport. Several different statutes apply to transportation of firearms on aircraft, depending upon type of aircraft and aircraft operation and where you board aircraft.

Sterile Area

What is a sterile area? U.S. Statute 49 CFR 1540.5 defines it as “a portion of an airport defined in airport security program that provides passengers access to boarding aircraft and to which access generally is controlled by TSA, or by an aircraft operator under part 1544 of this chapter or a foreign air carrier under part 1546 of this chapter, through screening of persons and property.” This is area beyond security checkpoints and up to and including gates to aircraft. You have to subject yourself and your carry on luggage to search and inspection (including removing your shoes, walking through metal detectors etc.) in order to enter sterile area.

Although aircraft using sterile area may be operated by an airline or an on-demand charter operator, those aircraft may also be operated by freight carriers, or in some cases, privately owned aircraft. 49 CFR §1550.5 provides a “catch-all” expanding prohibition on possession of firearms to all operations, not just airlines and charter, boarding or unloading using sterile area of an airport. Thus, regardless of type of operation, if you have to go through a sterile area to board aircraft and you do not fall within one of exceptions, you will not be able to carry a firearm with you on your person or in your carry-on luggage. Period.

However, even if you are prohibited from carrying a firearm with you onto aircraft, you may still be able to bring your firearm along in your checked luggage. U.S. Statute 49 CFR 1540.111(c) applies to transportation of firearms within your checked baggage. You may not transport loaded firearms. However, you may transport unloaded firearms provided that you declare firearms to aircraft operator (usually by filling out a declaration form), firearm is unloaded and locked in a hard-sided container and you are only one to retain a key or combination for lock.

This regulation does not prohibit you from carrying ammunition in your checked baggage or in same container as a firearm. Also, each individual aircraft operator may have differing policies and guidelines regarding transportation of unloaded firearms, as well as ammunition. It is best to check with your aircraft operator well in advance of your departure date to make sure you know aircraft operator’s requirements and procedures and that you will to arrive at airport able to comply.

Non-Sterile Area

If you are within a non-sterile area of an airport, statutes and regulations do not apply. However, your ability to possess a firearm will depend upon type of flying you will be doing as well as state law applicable to airport.

U.S. Statute 49 USC §46505 makes it a crime subject to fine, imprisoned for not more than 10 years, or both, if a person “when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about individual or property of individual a concealed dangerous weapon that is or would be accessible to individual in flight.” Additionally, under 49 USC §46303 “[a]n individual who, when on, or attempting to board, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about individual or property of individual a concealed dangerous weapon that is or would be accessible to individual in flight is liable to United States Government for a civil penalty of not more than $10,000 for each violation”.

Understanding Aircraft Insurance Policies

Many states require that owners and/or operators of aircraft have insurance covering their aircraft and operations. At a minimum, states usually require third-party liability coverage. This applies to injuries to third-persons that result from operation of your aircraft. Additionally, if your aircraft is pledged as collateral for financing, lender will require that you have hull coverage and/or replacement value insurance to insure value of aircraft collateral.

Obtaining Policy

So, how do you obtain aircraft insurance? Typically, you apply for aircraft insurance through an insurance agent or broker who represents an insurance company or companies that provide aircraft insurance policies. The insurance company then reviews application and does any additional investigation necessary for it to assess its risk in providing you with insurance for your aircraft or operations. Its risk is likelihood that it may have to pay out on a claim against your policy.

In exchange for its acceptance of risk, insurance company charges you a premium. The amount of that premium is a direct product of amount of risk that insurance company is assuming by extending coverage to your aircraft or operation. The greater risk, more expensive insurance coverage will be. In some cases, insurance company may not be willing to accept a particular risk for any price.

Factors that affect underwriting decision include type of aircraft, pilot qualifications (e.g. total time, time in type, pilot certificates/ratings), nature of operation (e.g. pleasure, business, Part 91 or Part 135) and base of operations. General aviation policies can include non-commercial pleasure and business use under FAR Part 91 or commercial use under FAR Part 135.

Reading Policy

When an aviation insurance policy is issued, it represents a contract between you and your insurance company. As long as you comply with all of terms and requirements of policy, your insurance company will provide you with coverage. If you fail to comply and a claim arises, you may find yourself without coverage.

But, what does aircraft insurance policy actually say? Well, as a practical matter, it is quite common that pilots and operators do not read their policies. Sure, they may review declaration page to confirm that correct parties are named and that appropriate coverage limits are in place, but often times that is as far as it goes. Sometimes an owner or operator may even ask his or her agent to explain some of policy’s terms.

Unfortunately, policy contains quite a bit more information of which pilot or operator needs to be aware of to ensure that he or she complies with terms of policy. A thorough review of policy is both prudent and recommended.

This review should begin with Data Page or Declaration Page. First, confirm that aircraft is correctly identified and that appropriate owner and any additional insured parties are included. Also read coverage limits to make sure that you have limits for which you are paying.

Aircraft Damage Coverage

The typical aircraft insurance policy will include both aircraft damage coverage, as well as aircraft liability coverage. The aircraft damage coverage applies when your aircraft sustains damage (e.g. bent metal, broken windows etc.). This coverage comes in two flavors: In-flight/In-motion and Not-in-flight/Not-in-motion.

As you may have guessed, in first instance your aircraft will be insured for damages it sustains while it is in use: moving under power of its own engine, whether taxiing or flying. In latter instance, you aircraft will only be insured while it is parked on ramp or in hangar. This coverage is less expensive because it presents far less exposure to insurance company. It will only have to pay a claim if something happens to your aircraft while it is standing still and not in use. An aircraft owner may want this limited coverage when aircraft is going to be stored and unused for a period of time.

It is also possible to purchase “all risk ground and flight” coverage. This coverage protects you whether aircraft is moving or not. However, a policy with this coverage will likely be more expensive than a policy that is either In-flight/In-motion or Not-in-flight/Not-in-motion.

The aircraft damage coverage provides for transportation of aircraft to and from location at which repairs are made, any related storage charges and actual repair of aircraft. However, most policies will also exclude coverage for damage sustained by your aircraft as a result of governmental seizure, resulting from repossession or enforcement of a lien against your aircraft or damage that is due to ordinary wear and tear, deterioration or age.

Assuming damage to your aircraft is covered, you should read your policy language to determine whether it contains any specific restrictions or requirements relating to processing of your claim, who performs repairs, where they are performed and even how they are to be performed. Simply because you have insurance coverage, this does not mean that you have carte blanche for having your aircraft repaired.

Aircraft Liability Coverage

Aircraft liability coverage protects you from liability or responsibility to third-persons for damages they may suffer resulting from operation of your aircraft. The coverage requires that insurance company both indemnify and defend you against such claims. Indemnification means that if you are responsible for damage to a third-person, insurance company will pay third-person directly, up to policy limits, amount for which you are responsible.

The duty to defend means that insurance company will pay for your defense costs if you are sued by a third-person alleging that your operation of your aircraft caused damage. The insurance company will hire an attorney, usually experience in aviation law, to represent you and defend against claims. Given complexity and cost of aviation litigation, this benefit alone can be worth a substantial amount of money and may even exceed amount of money actually paid by insurance company to indemnify you.

Your policy will always have a maximum limit for liability coverage that can be either “sub-limit” or “smooth” coverage. An example of sub-limit coverage is a policy that provides for $1,000,000 per occurrence and $200,000 per passenger. This does not mean that you have $1,000,000 to pay all claims.